[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Reported in Senate (RS)]






                                                        Calendar No. 24
109th CONGRESS
  1st Session
                                 S. 156

                          [Report No. 109-13]

  To designate the Ojito Wilderness Study Area as wilderness, to take 
 certain land into trust for the Pueblo of Zia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2005

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           February 28, 2005

               Reported by Mr. Domenici, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To designate the Ojito Wilderness Study Area as wilderness, to take 
 certain land into trust for the Pueblo of Zia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ojito Wilderness Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Ojito 
        Wilderness Act'' and dated October 1, 2004.
            (2) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.

    (a) In General.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, 
and, therefore, as a component of the National Wilderness Preservation 
System, certain land in the Albuquerque District-Bureau of Land 
Management, New Mexico, which <DELETED>comprise</DELETED> comprises 
approximately 11,183 acres, as generally depicted on the map, and which 
shall be known as the ``Ojito Wilderness''.
    (b) Map and Legal Description.--The map and a legal description of 
the wilderness area designated by this Act shall--
            (1) be filed by the Secretary with the Committee on Energy 
        and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives as soon as 
        practicable after the date of enactment of this Act;
            (2) have the same force and effect as if included in this 
        Act, except that the Secretary may correct clerical and 
        typographical errors in the legal description and map; and
            (3) be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
    (c) Management of Wilderness.--Subject to valid existing rights, 
the wilderness area designated by this Act shall be managed by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.) and this Act, except that, with respect to the wilderness area 
designated by this Act, any reference in the Wilderness Act to the 
effective date of the Wilderness Act shall be deemed to be a reference 
to the date of enactment of this Act.
    (d) Management of Newly Acquired Land.--If acquired by the United 
States, the following land shall become part of the wilderness area 
designated by this Act and shall be managed in accordance with this Act 
and other applicable law:
            (1) Section 12 of township 15 north, range 01 west, New 
        Mexico Principal Meridian.
            (2) Any land within the boundaries of the wilderness area 
        designated by this Act.
    (e) Management of Lands to Be Added.--The lands generally depicted 
on the map as ``Lands to be Added'' shall become part of the wilderness 
area designated by this Act if the United States acquires, or 
alternative adequate access is available to, section 12 of township 15 
north, range 01 west, New Mexico Principal Meridian.
    (f) Release.--The Congress hereby finds and directs that the lands 
generally depicted on the map as ``Lands to be Released'' have been 
adequately studied for wilderness designation pursuant to section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) 
and no longer are subject to the requirement of section 603(c) of such 
Act (43 U.S.C. 1782(c)) pertaining to the management of wilderness 
study areas in a manner that does not impair the suitability of such 
areas for preservation as wilderness.
    (g) Grazing.--Grazing of livestock in the wilderness area 
designated by this Act, where established before the date of enactment 
of this Act, shall be administered in accordance with the provisions of 
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the 
guidelines set forth in Appendix A of the Report of the Committee on 
Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred 
First Congress (H. Rept. 101-405).
    (h) Fish and Wildlife.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be 
construed as affecting the jurisdiction or responsibilities of the 
State with respect to fish and wildlife in the State.
    (i) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the land designated as wilderness by this Act 
                is arid in nature and is generally not suitable for use 
                or development of new water resource facilities; and
                    (B) because of the unique nature and hydrology of 
                the desert land designated as wilderness by this Act, 
                it is possible to provide for proper management and 
                protection of the wilderness and other values of lands 
                in ways different from those used in other legislation.
            (2) Statutory construction.--Nothing in this Act--
                    (A) shall constitute or be construed to constitute 
                either an express or implied reservation by the United 
                States of any water or water rights with respect to the 
                land designated as wilderness by this Act;
                    (B) shall affect any water rights in the State 
                existing on the date of enactment of this Act, 
                including any water rights held by the United States;
                    (C) shall be construed as establishing a precedent 
                with regard to any future wilderness designations;
                    (D) shall affect the interpretation of, or any 
                designation made pursuant to, any other Act; or
                    (E) shall be construed as limiting, altering, 
                modifying, or amending any of the interstate compacts 
                or equitable apportionment decrees that apportion water 
                among and between the State and other States.
            (3) State water law.--The Secretary shall follow the 
        procedural and substantive requirements of the law of the State 
        in order to obtain and hold any water rights not in existence 
        on the date of enactment of this Act with respect to the 
        wilderness area designated by this Act.
            (4) New projects.--
                    (A) Water resource facility.--As used in this 
                subsection, the term ``water resource facility''--
                            (i) means irrigation and pumping 
                        facilities, reservoirs, water conservation 
                        works, aqueducts, canals, ditches, pipelines, 
                        wells, hydropower projects, and transmission 
                        and other ancillary facilities, and other water 
                        diversion, storage, and carriage structures; 
                        and
                            (ii) does not include wildlife guzzlers.
                    (B) Restriction on new water resource facilities.--
                Except as otherwise provided in this Act, on and after 
                the date of enactment of this Act, neither the 
                President nor any other officer, employee, or agent of 
                the United States shall fund, assist, authorize, or 
                issue a license or permit for the development of any 
                new water resource facility within the wilderness area 
                designated by this Act.
    (j) Withdrawal.--Subject to valid existing rights, the wilderness 
area designated by this Act, the lands to be added under subsection 
(e), and lands identified on the map as the ``BLM Lands Authorized to 
be Acquired by the Pueblo of Zia'' are withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (k) Exchange.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall seek to complete an exchange for State 
land within the boundaries of the wilderness area designated by this 
Act.

SEC. 4. LAND HELD IN TRUST.

    (a) In General.--Subject to valid existing rights and the 
conditions under subsection (d), all right, title, and interest of the 
United States in and to the lands (including improvements, 
appurtenances, and mineral rights to the lands) generally depicted on 
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia'' 
shall, on receipt of consideration under subsection (c) and adoption 
and approval of regulations under subsection (d), be declared by the 
Secretary to be held in trust by the United States for the Pueblo and 
shall be part of the Pueblo's Reservation.
    (b) Description of Lands.--The boundary of the lands authorized by 
this section for acquisition by the Pueblo where generally depicted on 
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road 
shall be 100 feet from the center line of the road.
    (c) Consideration.--
            (1) In general.--In consideration for the conveyance 
        authorized under subsection (a), the Pueblo shall pay to the 
        Secretary the amount that is equal to the fair market value of 
        the land conveyed, as subject to the terms and conditions in 
        subsection (d), as determined by an independent appraisal.
            (2) Appraisal.--To determine the fair market value, the 
        Secretary shall conduct an appraisal paid for by the Pueblo 
        that is performed in accordance with the Uniform Appraisal 
        Standards for Federal Land Acquisitions and the Uniform 
        Standards of Professional Appraisal Practice.
            (3) Availability.--Any amounts paid under paragraph (1) 
        shall be available to the Secretary, without further 
        appropriation and until expended, for the acquisition from 
        willing sellers of land or interests in land in the State.
    (d) Public Access.--
            (1) In general.--Subject to paragraph (2), the declaration 
        of trust and conveyance under subsection (a) shall be subject 
        to the continuing right of the public to access the land for 
        recreational, scenic, scientific, educational, paleontological, 
        and conservation uses, subject to any regulations for land 
        management and the preservation, protection, and enjoyment of 
        the natural characteristics of the land that are adopted by the 
        Pueblo and approved by the Secretary: Provided, That the 
        Secretary shall ensure that the rights provided for in this 
        paragraph are protected and that a process for resolving any 
        complaints by an aggrieved party is established.
            (2) Conditions.--Except as provided in <DELETED>subsection 
        (f)</DELETED> subsection (e)--
                    (A) the land conveyed under subsection (a) shall be 
                maintained as open space and the natural 
                characteristics of the land shall be preserved in 
                perpetuity; and
                    (B) the use of motorized vehicles (except on 
                existing roads or as is necessary for the maintenance 
                and repair of facilities used in connection with 
                grazing operations), mineral extraction, housing, 
                gaming, and other commercial enterprises shall be 
                prohibited within the boundaries of the land conveyed 
                under subsection (a).
    (e) Rights of Way.--
            (1) Existing rights of way.--Nothing in this section shall 
        affect--
                    (A) any validly issued right-of-way or the renewal 
                thereof; or
                    (B) the access for customary construction, 
                operation, maintenance, repair, and replacement 
                activities in any right-of-way issued, granted, or 
                permitted by the Secretary.
            (2) New rights of way and renewals.--
                    (A) In general.--The Pueblo shall grant any 
                reasonable request for rights-of-way for utilities and 
                pipelines over the land acquired under subsection (a) 
                that is designated as the ``Rights-of-Way corridor #1'' 
                in the Rio Puerco Resource Management Plan that is in 
                effect on the date of the grant.
                    (B) Administration.--Any right-of-way issued or 
                renewed after the date of enactment of this Act located 
                on land authorized to be acquired under this section 
                shall be administered in accordance with the rules, 
                regulations, and fee payment schedules of the 
                Department of the Interior, including the Rio Puerco 
                Resources Management Plan that is in effect on the date 
                of issuance or renewal of the right-of-way.
    (f) Judicial Relief.--
            (1) In general.--To enforce subsection (d), any person may 
        bring a civil action in the United States District Court for 
        the District of New Mexico seeking declaratory or injunctive 
        relief.
            (2) Sovereign immunity.--The Pueblo shall not assert 
        sovereign immunity as a defense or bar to a civil action 
        brought under paragraph (1).
            (3) Effect.--Nothing in this section--
                    (A) authorizes a civil action against the Pueblo 
                for money damages, costs, or attorneys fees; or
                    (B) except as provided in paragraph (2), abrogates 
                the sovereign immunity of the Pueblo.




                                                        Calendar No. 24

109th CONGRESS

  1st Session

                                 S. 156

                          [Report No. 109-13]

_______________________________________________________________________

                                 A BILL

  To designate the Ojito Wilderness Study Area as wilderness, to take 
 certain land into trust for the Pueblo of Zia, and for other purposes.

_______________________________________________________________________

                           February 28, 2005

                        Reported with amendments